I-130 for children ages 17 & 18 What’s the best route?

[Eric&Mirella 367]

Hello, 

 

I’m trying to help a friend to bring her daughters from Venezuela to Puerto Rico. She recently became a Permanent Resident. 
 

Key points about her case: 

 

* She came on a K1 visa this year. Her daughters were included in the petition but they decided not to follow her.

 

* She got married on May 2019, which would make her 17 year old eligible  to be petitioned as a stepchild of a USC .(if I understood guides here correctly). But  not her 18 year old who would be 19 on December this year.  
 

* Both daughters graduated from high school and are unmarried and without plans of doing so. 

* She wants to reunite with them and preferably not having to choose between bringing one and leaving the other all alone. 

I have a few questions:

 

- Can she petition for her daughters with a conditional green card? If so, can she rely on her husband’s income and/or use her husband as a co-sponsor for her daughters?  
 

- Can her husband petition for her 17 year old and she petition for her 18 year old?  Is there any advantage in doing so? 
 

- I know all those processes take a while, but how can she check the priority dates and have an estimate on how long it would take? 
 

Last but not least, what would happen if her daughter turns 21 while her application/petition is pending? 
 

 

I’m aware that the best route for her was to bring them with her as k2s, but that’s water under the bridge now.  

Thank you so much! Apologies for the long text. 
 

@geowrian @payxibka  @SusieQQQ @Boiler Your comments and feedback would be much appreciated as well as anyone else’s. 
 

 

 

Edited December 4, 2019 by Eric&Mirella
Eta

[Ontarkie 14,435]

You said she got married in May 2019? If so she has time to get the K2 follow to join going if it has been less then a year from her visa being issued?

Edited December 4, 2019 by Ontarkie

[geowrian 22,338]

2 minutes ago, Eric&Mirella said:

* She came on a K1 visa this year. Her daughters were included in the petition but they decided not to follow her.

If the K-1 was issued less than 1 year ago, they can still utilize follow to join (FTJ) to get K-2 visas using the existing I-129F. You still have to do AOS for them separately, but it cuts down the timeline to a few months (just consulate processing + interview).

 

2 minutes ago, Eric&Mirella said:

* She got married on May 2019, which would make her 17 year old eligible  to be petitioned as a stepchild of a USC .(if I understood guides here correctly). But  not her 18 year old who would be 19 on December this year.

Correct.

2 minutes ago, Eric&Mirella said:

- Can she petition for her daughters with a conditional green card? If so, can she rely on her husband’s income and/or use her husband as a co-sponsor for her daughters?  

Yes and yes.

2 minutes ago, Eric&Mirella said:

- Can her husband petition for her 17 year old and she petition for her 18 year old?  Is there any advantage in doing so? 

Yes. The 17yo would be an immediate relative with an ETA around 1 year. The 18yo would be F2A with a ~2 year timeline.

But note again the FTJ possibility...that would be the fastest by far.

 

2 minutes ago, Eric&Mirella said:

- I know all those processes take a while, but how can she check the priority dates and have an estimate on how long it would take? 

PDs don't matter for the IR (17yo). F2A is current immediately at this time (18yo).

VB: https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/

 

2 minutes ago, Eric&Mirella said:

Last but not least, what would happen if her daughter turns 21 while her application/petition is pending? 

CSPA would likely cover her so she doesn't age out. But aging out doesn't seem to be on the table if you file soon.

 

2 minutes ago, Eric&Mirella said:

**I’m aware that the best route for her was to bring them with her as k2s, but that’s water under the bridge now.** 

Are you certain?

 

[Eric&Mirella 367]

26 minutes ago, geowrian said:

If the K-1 was issued less than 1 year ago, they can still utilize follow to join (FTJ) to get K-2 visas using the existing I-129F. You still have to do AOS for them separately, but it cuts down the timeline to a few months (just consulate processing + interview).

 

Correct.

Yes and yes.

Yes. The 17yo would be an immediate relative with an ETA around 1 year. The 18yo would be F2A with a ~2 year timeline.

But note again the FTJ possibility...that would be the fastest by far.

 

PDs don't matter for the IR (17yo). F2A is current immediately at this time (18yo).

VB: https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/

 

CSPA would likely cover her so she doesn't age out. But aging out doesn't seem to be on the table if you file soon.

 

Are you certain?

 

Wow. Thank you so much! ugh I wish she would have know that before. Are there any resources for the follow to join on this website.? I can’t find it. Her visa was issued on late March. 
 

 

[Eric&Mirella 367]

33 minutes ago, Ontarkie said:

You said she got married in May 2019? If so she has time to get the K2 follow to join going if it has been less then a year from her visa being issued?

Thanks. Her visa was issued on late March this year. So, yes she still has some time. 

[Ontarkie 14,435]

9 minutes ago, Eric&Mirella said:

Thanks. Her visa was issued on late March this year. So, yes she still has some time. 

So this would be the fastest way for both of the kids. Get her to call the consulate and tell them they  are ready for the kids K2's follow to join. Then they do their medicals and interviews much much faster. 

Edited December 4, 2019 by Ontarkie

[Eric&Mirella 367]

14 minutes ago, Ontarkie said:

So this would be the fastest way for both of the kids. Get her to call the consulate and tell them they  are ready for the kids K2's follow to join. Then they do their medicals and interviews much much faster. 

Ok! Does she need to file the I-824?  Or will the consulate give her instructions?  If you have any links other than us is for info I would really appreciate it. 

Edited December 4, 2019 by Eric&Mirella

[geowrian 22,338]

17 minutes ago, Eric&Mirella said:

Ok! Does she need to file the I-824?  Or will the consulate give her instructions?  If you have any links other than us is for info I would really appreciate it. 

No I-824 needed. They should already have the approved petition at the consulate still.

DS-160s, medicals, etc. will be needed for each. Basically the same process as the K-1s. Contact the consulate to get started.

[Ksenia_O 696]

35 minutes ago, Eric&Mirella said:

Ok! Does she need to file the I-824?  Or will the consulate give her instructions?  If you have any links other than us is for info I would really appreciate it. 

to get a K-2 visa:

 

1. Get the Embassy Case # - girls will need the # to schedule medical. A K-1 parent should have it  (the #should've been used to schedule mother's medical as well) or - this is the number you probably got, calling  NVC, once case (I-129F) was on its way to Venezuela 

2. Girls get medical done.

2. Fill out DS-160  - x2

 

For a K-2 interview:

1.Schedule an appointment

 

Girls should have with them Police Certificates, I-134, NOA-2 of a K-1 parent I-129F (approval notice).

 

But the process may vary for each country, so yes, it would be the best  to contact the Embassy .

 

Good luck!

 

 

 

 

 

 

 

Edited December 4, 2019 by Ksenia_O

[Eric&Mirella 367]

29 minutes ago, geowrian said:

No I-824 needed. They should already have the approved petition at the consulate still.

DS-160s, medicals, etc. will be needed for each. Basically the same process as the K-1s. Contact the consulate to get started.

Thank you so so much!!! 

[Eric&Mirella 367]

15 minutes ago, Ksenia_O said:

to get a K-2 visa:

 

1. Get the Embassy Case # - girls will need the # to schedule medical. A K-1 parent should have it  (the #should've been used to schedule mother's medical as well) or - this is the number you probably got, calling  NVC, once case (I-129F) was on its way to Venezuela 

2. Girls get medical done.

2. Fill out DS-160  - x2

 

For a K-2 interview:

1.Schedule an appointment

 

Girls should have with them Police Certificates, I-134, NOA-2 of a K-1 parent I-129F (approval notice).

 

But the process may vary for each country, so yes, it would be the best  to contact the Embassy .

 

Good luck!

 

 

 

 

 

 

 

Thank you!!! They will interview in Colombia that is the designated post for Venezuelans. 

[Ksenia_O 696]

11 minutes ago, Eric&Mirella said:

Thank you!!! They will interview in Colombia that is the designated post for Venezuelans. 

You are welcome!

 

Didn't know about Colombia

 

 

[Eric&Mirella 367]

12 minutes ago, Ksenia_O said:

You are welcome!

 

Didn't know about Colombia

 

 

Do you know if the 17 year old requires to provide a travel authorization from her stranged dad at the interview stage?  Their father cut all ties with them. 

[Ksenia_O 696]

Just now, Eric&Mirella said:

Do you know if the 17 year old requires to provide a travel authorization from her stranged dad at the interview stage?  Their father cut all ties with them. 

Depends on a country...I believe.

 

In some (like in my home country, Ukraine) -  at age 16  no other parent's consent is needed anymore for a child to travel/move. Some others - up to 18 still required.

So, you'd need to check with their home country requirements 

[Eric&Mirella 367]

2 minutes ago, Ksenia_O said:

Depends on a country...I believe.

 

In some (like in my home country, Ukraine) -  at age 16  no other parent's consent is needed anymore for a child to travel/move. Some others - up to 18 still required.

So, you'd need to check with their home country requirements 

Thanks! Her mom will check with a lawyer. She’s really excited.
 

 Do you know if the i134 needs to be changed or they should provide one with the same info their mom did?  Their stepdad has a 19 year old daughter who he pays some alimony but doesn’t live with him.